Bangkok sent lawyer intent to deny notice

[shannon]

It's not outright denial.. they are giving us until June 25th to come up with more evidence/documentation. I'm really upset and scared.
They say I have proved it would be extreme hardship for my son and I to relocate to Korea.
They say I have not shown that it would be an extreme hardship for me to stay in the US without my fiance. I don't know if they mean end our relationship and stay here or stay here and try to conduct some kind of long distance marriage.
So I'm writing a letter saying that I need his help here.
But they also want to know why my 13-year-old son can't help me instead of my fiance. I am presently confined to bed most of the time because of a deep wound (pressure sore) that will take months to completely heal.
They also have an issue with alcohol use (he has a DWI and another alcohol-related conviction although these were not the reasons he was denied a K-1). They say he has not expressed enough regret about this or admitted that he has had an alcohol problem.
There is also a discrepancy involving his wife's death date (the official record has a completely wrong date on it, even the year is wrong)

Has anyone received an intent to deny notice and then been approved after sending more evidence? They could have just denied it outright. Is it a good sign they are giving time to submit more evidence?

[Laura]

Wow... I'm sorry. I haven't heard that much detail in a denial. Insane to think they are suggesting your 13-year-old son take the responsibilities that should be your spouse/fiancee's.

I would suggest you consult with Laurel and ask her how she would address this with new evidence.

[douginguam]

Shannon, that is awful news:censored:.
I hope I was correct to read that you are not finished yet. At least your lawyer has been told an intent to deny and you have perhaps been given some more chance to prevent the denial. Sounds like you need to really work on what you will suffer without your fiance - things that your son cannot do.
The angle that they agree you cannot go to Korea seems to support a waiver - since extreme hardship is generally viewed as being suffering over and above what would be suffered in a "normal deportation" to another country. I really hope you can focus on why you need your guy (I understand - but you have not sold them yet.) I'm sure your lawyer can do more!

I really feel for you. I wish you the very very best.

[emt103c]

There are people who have been approved after having more evidence requested. I cannot think of specific screennames right now. I know that I have read more stories like this one on VJ and familybasedimmigration.

I think the thing that is most scary is their statement about the DWI and alcohol problem because they don't believe rehabilitation. . .the part about a 13 year old child being responsible for medical care and aid is ridiculous. . .however it should be easy to counter.

I wish you luck, this is a crappy situation.

[Pinkpig]

Yes, they want to approve your waiver. They are telling you exactly what they need for the approval. You are very lucky that they have given you this information and this time (albeit short) to get them what they want.

This has happened to members before, and approvals have been given after more documentation was provided.

Many times members forget to include this issue. You really need to prove (1) why you cannot live in your husband's country with him and also (2) why you cannot live in the US without him. When you have aggravating factors (like DUI) you need to have even stronger arguments and more all encompassing arguments. Hence, the request for you to prove both parts.

Your son could write a letter explaining why you and he need your husband here and why he cannot take care of you alone. He could go into how his schoolwork is failing because he has to help you and he is struggling because your husband is not there. Could you get his teacher to write you a letter stating that his schoolwork is suffering since your spouse has been away? Also, you could prove that with his report cards and any notes from his teacher stating that he is not the same in his schoolwork. Do you have any neighbors/friends who could write about how they see you not being cared for properly because a young child cannot be expected to do the chores of an adult? How about other family members could they write about how they cannot help you and because your husband is not here, this is all falling on a young child, who is suffering because of the responsibility he has to take on. Could you find someone to state that your care is not sufficient because a young child is expected to help you and you suffer through many times because your son is the only one there and you do not want to ask him to take care of your personal needs. You are suffering neglect because you do not want to put this responsibility on your child. You need your husband there to help you through this terribly medical situation. There is a book called "The Hurried Child" about children that are forced to grow up too quickly and how they suffer later in life because they have lost their childhood. I am sure there are other sources that talk about children's problems after taking on adult responsibilities at too young of an age. They have told you what they need to approve....you just need to get your thinking cap on and figure out how to prove that you need your husband here with you and if he is not allowed to come how your life will be a living hell, and your medical conditions will surely worsen.

I am not sure on the alcohol problem. I do not know if your lawyer addressed this in his brief. Has your husband stopped drinking? Can others attest to that. Has he written a letter of apology for his past actions? Has he attended rehabilitation? Does he have friends and family who will write about how they have not seen him take a drink since such and such a date. I don't know how you have addressed this and so I cannot really comment on what you should do. I do not know if he has apologized for his past behavior. Your lawyer really should know what to do about this. If your lawyer does not...Laurel Scott does consults with other lawyers as a professional courtesy. Have your lawyer call her with any thing that he is not sure about. visacentral.net

Your case is absolutely approvable and you should move mountains to get it done right now.

If you lose this window of time that they have given you, you will be waiting probably another year.

So, get on that attorney right away and get this done.

Good Luck.

[shannon]

thanks for replies.. we are working on getting the information needed.
Yes my fiance wrote a rather thorough letter of regret, or apology, for CIMT. I guess he just did not address the alcohol issue enough since that was not the reason for denial. He is not an alcoholic, but he did have a period after his wife's death when he drank too much. He still takes a drink sometimes, but not in an abusive way. So he is writing a more thorough statement about alcohol abuse.
My son does not actually do much for me at all, and his school work is wonderful...straight As and 99th percentile on standardized tests. I have a person who comes to clean the house 5 days a week. I also continue to work. CIS is asking why can't he do things for me... he certainly cannot provide the emotional support of a spouse, or attend to any personal needs. I am coming up with every argument I can... in any case my son will eventually go to college and on with his life... my condition may worsen as a I age.. there are many things my fiance can do for me.... for one thing, drive... I don't drive. I am also addressing the fact that it would be an extreme hardship to carry on some sort of long-distance marriage...going there to visit at most 1 or 2 times a year..maybe for a week because I can't take a lot of time off work.. and traveling for me is not simple...and what would we all do...stay in a hotel room with all the kids?
I want the nurse who supervises my care to write a letter for me.. because she has often expressed a concern that I have no backup plan (recently I was in the hospital, my son had no one to stay with because my cousin was out of town, so I had to call on his friend's mothers that I don't really know that well, to let him stay there). Unfortunately, this nurse is on vacation until next week.. Yes family members are also writing letters... my cousin cannot help me because she takes care of her completely disabled mom. Lawyer of course is writing another brief.
Fiance meanwhile is finding records, such as burial and coroner's records, with the correct date of death of his wife... which will have to be translated of course. The Seoul embassy thought nothing of the date issue but Bangkok does.. what a mess.

[douginguam]

Shannon,
Your strategy sounds really strong. With all that additional effort going into beefing up the substance of your case I am confident you will be successful. I also agree with Pinkpig that it looks like they want to approve your waiver - if they didn't you would not be given the opportunity to argue further. Argument by affidavit (letters from others) is the most powerful mechanism you can use.
Wishing you well in your efforts - Doug